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California Employment Law Report
Five legally required items often overlooked by California employers
Welcome to Friday's 5, a series of posts each Friday of lists of five items in various aspect of California employment law. I hope to keep it informative and interesting,…
California Employment Law Report
Top Five Items California Employers Need To Know About Tips
1) Who owns a tip? California law is clear that voluntary tips left for an employee for goods sold or services performed belong to the employee, not the employer. Labor…
Proskauer on Class and Collective Actions
California Employers Down, But Not Out, Concerning Class Certification Issues
By Irina Constantin, Keith A. Goodwin, Laura Reathaford
Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of…
California Peculiarities Employment Law Blog
Score Another One For Plaintiffs: CA Legislature Makes Claiming Statutory Fee Awards More Difficult for Winning California Employers In Wage Disputes
What happens when an employee makes a claim for unpaid wages, and wins? The employee, as the prevailing party, has a statutory right to recover the attorney's fees reasonably…
Employment & Labor
Amendment to the Labor Code Makes it Harder for Employers to Get Attorney’s Fees if They Prevail in an Unpaid Wage or Benefit Claim
By: Lizbeth V. West, Esq. Governor Brown signed Senate Bill (SB) 462 which places restrictions on an employer’s ability to recoup attorney’s fees when it prevails in an unpaid wage or…
California Employment Law Report
Now Tougher For Employers To Recover Attorney’s Fees In Wage Cases
Yesterday, Governor Brown signed into law SB 462 which amends Labor Code section 218.5 to only allow employers to recover their attorney’s fees and costs upon a finding by the…
California Employment Law
8 Things You Should Never Say in a Termination Meeting
This is hard for me, too. - While usually true, it's important to recognize that the person doing the firing has it better than the person getting fired. In litigation, the statement…
California Peculiarities Employment Law Blog
Got It In Writing? Rules for Commissioned Employee Pay Agreements
As many employers know, California’s new written commission agreement law (Labor Code Section 2751) became effective on January 1, 2013. This new law requires employers that pay California employees “commissions”…
California Peculiarities Employment Law Blog
Don’t Hire A Lawsuit: Five “Don’ts” When Hiring Employees in California
By Lori O'Hara
Isn’t it true that nationwide employers can interview and hire employees for their California offices so long as they follow federal hiring laws? In a nutshell, no way. Hiring in…
Proskauer on Class and Collective Actions
California Court Rejects Class Action Waivers In Employment Arbitration Agreements
The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable. The plaintiff in Compton v.…